Minority Report from the Australian Labor Party
1.1
In chapter 2 of
the draft report of the committee responsible for the inquiry into the
provisions of the Australian Citizenship Bill, it is stated that one of the
main aims of the new Bill is to increase access to citizenship by simplifying
provisions and changing the rules relating to citizenship by descent and
resumption of renounced citizenship. This point has been emphasised through out
the deliberation process of making changes to the old citizenship Act 1948.
1.2
Labor supports
the inclusion of Maltese children in resumption of Australian citizenship by
conferral and being of good character. Labor believes that excluding children
of former Australian citizens who renounced citizenship under section 18 contradicts
the purpose of the Bill which according to the draft report in page 8 states
that, subsection 29(2) of the new Citizenship Bill provides that a person may
be eligible to apply for resumption of citizenship if he or she previously
renounced citizenship in order to
-
acquire or retain
the nationality or citizenship of a foreign country to avoid suffering
significant hardship or detriment; or
-
where the person
is a child of a responsible parents who renounced citizenship.
1.3
Thus disregard
for the inclusion of Maltese children in the New Citizenship Act defeats the
purpose of the new bill which is intended to encourage taking up of Australian
citizenship.
1.4
Submissions from
the Southern Cross Group also demonstrate an interest in wanting to belong to
Australia. Statement made by the last three former minsters of citizenship has
supported inclusion of Maltese who lost their Australian citizenship at a time
when they have not much choice.
1.5
In a speech to
the Sydney institute Wednesday 7 July 2004 in relation to the Maltese issue the
Hon Gary Hardgrave states that “the Australian government has reconsidered this
issue and decided that the principles underlying the resumption provisions
should apply equally, regardless of wether the purpose of renunciation was to acquire
or retain another citizenship and regardless of a persons age. The government
will amend the act accordingly and include a requirement that the person be of
good character”.
1.6
Prof Rubenstein’s
contribution in the Canberra hearing also reinforces the point by stating that
“I think there were very strong arguments that we heard earlier about the
reasons that someone would have to renounce that may not be that dissimilar
from having acquired dual citizenship and so forth. So I think there are strong
policy arguments to say that they (children under section 18) should be treated
the same way’.
Recommendation 1
1.7
The committee
recommends that children of former Australian Citizens who lost their
citizenship under S.18 should be permitted to apply for citizenship by
Conferral.
Senator Annette Hurley
Australian Labor Party
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